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Michael Ashdown

Call: 2013   

+44 (0)20 7306 0102mashdown@wilberforce.co.uk

Pensions

Michael has a busy pensions practice , acting for both trustees and employers, as well as the Pensions Regulator and the Pensions Ombudsman. He is regularly instructed as sole counsel,  and as part of a larger team, and has appeared in important recent cases including British Airways v Airways Pension Scheme Trustee Ltd ( both at the High Court trial and in the Court of Appeal).

Matters of note include:

  • British Airways v Airways Pension Scheme Trustee Ltd. Acting for British Airways in a long-running claim against the trustees of the Airways Pension Scheme for alleged breaches of trust in the exercise of discretionary powers, culminating in a 7-week trial before Morgan J, followed by a successful appeal to the Court of Appeal (reported at [2018] EWCA Civ 1533) (with Michael Tennet QC and Sebastian Allen).
  • Silentnight Group DB Scheme. Acting for the trustees of the Silentnight occupational pension scheme in a regulatory investigation by the Pensions Regulator (with Jonathan Hilliard QC and Jamie Holmes).
  • Nomura International plc v Nomura London Retirement Benefits Plan Trustee Ltd. Acting for an employer in its claim to rectify scheme rules in relation to the pension increases applicable to spouses’ and children’s pensions (with Paul Newman QC).
  • Wolverhampton City Council v Mitie Property Services (UK) Ltd. Acting for the defendant employer in a claim brought by Wolverhampton as Administering Authority of the West Midlands Pension Fund in the Local Government Pension Scheme (with Michael Tennet QC and Sebastian Allen).
  • Pollock v Reed. Acting for the employer in the trustees’ application for blessing of a bulk transfer without member consent (with Robert Ham QC).
  • Acting (as sole counsel) for a scheme trustee in its successful application to the High Court for summary judgment in a dispute about the independent advice requirement in section 48 of the Pension Schemes Act 2015 and regulation 7 of the Pension Schemes Act 2015 (Transitional Provisions and Appropriate Independent Advice) Regulations 2015.
  • Advising the Pensions Regulator on proposed regulatory action under the Pensions Act 2004 (with Sebastian Allen).
  • Acting (as sole counsel) for the scheme trustees in claim by the employer for rectification of the indexation provisions of the scheme rules.
  • Advising an employer and trustees on a professional negligence claim against the scheme’s previous solicitors in relation to advice given as to how to manage the cost of the scheme, and in connection with powers of amendment and Courage fetters.
  • Advising the Pensions Ombudsman on technical questions connected with pension uprating and pre-5 April 1997 GMP, arising out of member complaints.
  • Acting for a defendant employer in a dispute over contractual entitlement to CPI or RPI pension increases.